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CONSENT TO ENCROACH EN-2021-4: FOR LOT 9A, BLOCK 1, TRAILS ADDITION, SECTION 3, CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA (2018 MORNING DEW TRAIL)
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BACKGROUND: An encroachment request has been filed in the office of the City Clerk by Applicant, Michael Jade Noles, Trustee of the property, requesting a Consent to Encroach into utility easements at the above-described property.
DISCUSSION: The application for the Consent to Encroachment concerns the encroachment upon City of Norman and Norman Utilities Authority (NUA) utility easements for the installation of an in-ground swimming pool and other associated improvements. The applicant is requesting that the swimming pool (and associated improvements) be allowed to encroach upon the newly existing utility easements located at the back of the parcel.
Presently, two (2) platted 10-foot easements exist along the original platted south property line which will be encroached upon for the proposed swimming pool. After the original plat issuance, the applicant/owner acquired additional property from the nearby golf course, of which the owner has dedicated to NUA an additional 20-feet of easements south of the existing easements to allow the relocation of facilities. The existing 8-inch PVC sanitary sewer line is located in the rear of the property within the newly dedicated 20-foot sewer and utility easements.
The applicant has obtained a response from Oklahoma Electric Cooperative and Oklahoma Natural Gas, which have indicated that they have facilities located in the easements, however they are not opposed to the encroachment as their utilities have been or will be relocated into the new 20-foot utility easement. Cox Communications did not indicate that it had existing facilities within the easement, but made no objection to the encroachment request. This property is not served by AT&T and OG&E.
Staff has reviewed the application and the "hold harmless" clauses. From a legal perspective, it pro...
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